ISSUE DATE: August 5, 2022
CASE NO.: OLT-21-001473
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Sifton Properties Limited
Subject: Application to amend Zoning By-law No. 61-16 - Refusal or neglect of County of Brant to make a decision
Existing Zoning: Agriculture (A)
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit a residential subdivision with neighbourhood commercial uses
Property Address / Description: 305 King Edward Street
Municipality: County of Brant
Municipality File No.: ZBA 10-20-MD
OLT Case No.: OLT-21-001473
OLT Lead Case No.: OLT-21-001473
OLT Case Name: Sifton Properties Limited v. Brant (County)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Sifton Properties Limited
Subject: Proposed Plan of Subdivision - Failure of County of Brant to make a decision
Purpose: To permit a residential subdivision with neighbourhood commercial uses
Property Address / Description: 305 King Edward Street
Municipality: County of Brant
Municipality File No.: PS1-20-MD
OLT Case No.: OLT-21-001474
OLT Lead Case No.: OLT-21-001473
BEFORE:
S. BRAUN MEMBER
Friday, the 5th day of August, 2022
THESE MATTERS having come before the Tribunal for a Case Management Conference on July 20, 2022;
AND THE TRIBUNAL having received the requested copy of the Procedural Order, on consent,
THE TRIBUNAL ORDERS that the Procedural Order attached hereto as Schedule 1 is in full force and effect.
"Euken Lui"
EUKEN LUI REGISTRAR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal.
SCHEDULE 1
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties' request or its own motion.
Organization of the Hearing
The video hearing will begin on September 25, 2023 at 10:00 AM.
The parties' initial estimation for the length of the hearing is 18 days. The Tribunal will not sit on October 9 and 16, 2023. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are set out in Attachment 2.
The issues are set out in the Issues List attached as Attachment 3. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 4 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties' consent, subject to the Tribunal's approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative's name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal's Video Hearing Guide, available on the Tribunal's website.
Requirements Before the Hearing
If the applicant intends to seek approval of a revised proposal at the hearing, the applicant shall provide copies of the revised proposal, including all revised plans, drawings, proposed instruments, updated supporting documents and reports, to the other Parties on or before May 22, 2023 (at least eighty eight (88) days before Expert Witness Statements are to be filed in accordance with paragraph 14). The applicant acknowledges that any revisions to the proposal after that date without the consent of the Parties may be grounds for the Tribunal to adjourn the hearing.
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before July 7, 2023 (eighty (80) days prior to the hearing date) and in accordance with paragraph 23 below. A party who intends to call an expert witness must include a copy of the witness' Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before July 27, 2023 (sixty (60) days prior to the scheduled commencement of the hearing) and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts' meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before August 7, 2023 (at least forty nine (49) days prior to the scheduled commencement of the hearing).
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 14 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert's testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert's evidence as in paragraph 14 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness' evidence, as in paragraph 14 below.
On or before August 18, 2023 (a minimum of thirty eight (38) days before the hearing), the parties shall provide copies of their witness and/or expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 23 below.
On or before July 7, 2023 (a minimum of eighty (80) days before the hearing), a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 23 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before September 11, 2023 (a minimum of fourteen (14) days before the hearing), the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 23 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before September 1, 2023 (within fourteen (14) days after the evidence is received) in accordance with paragraph 23 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before September 11, 2023 (no later than fourteen (14) days prior to the hearing).
On or before August 21, 2023 (at least 35 days prior to the start of the hearing) the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal's Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least seven (7) days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before September 18, 2023 (no later than seven (7) days prior to the hearing) with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal's Rule 17 applies to such requests.
This Member is not seized.
So orders the Tribunal.
BEFORE:
Name of Member:
Date:
TRIBUNAL REGISTRAR
Attachment 1
Summary of Dates
DATE
EVENT
May 22, 2023 (88 days before exchange of expert witness statements)
Submission of revised proposal, including all revised plans and drawings (if any)
July 7, 2023 (80 days before hearing)
Exchange of witness lists (names, disciplines and order to be called); and Exchange of participant statements
July 27, 2023 (60 days prior to hearing)
Experts meeting prior to this date, if any;
August 7, 2023 (49 days prior to hearing)
Exchange of agreed statement of facts, if any;
August 18, 2023 (38 days prior to hearing)
Exchange of witness statements and expert witness statements;
September 1, 2023 (within 14 days after the evidence is received)
Exchange of written reply to evidence;
September 11, 2023 (14 days prior to hearing)
Finalize and file joint document book; Exchange of visual evidence, if any;
September 18, 2023 (7 days prior to hearing)
File hearing plan with the Tribunal
September 25, 2023
Hearing commences
Attachment 2
List of Parties and Participants
Parties:
- Sifton Properties Limited Aird & Berlis LLP Brookfield Place, 181 Bay Street, Suite 1800 Toronto ON M5J 2T9 Andrea Skinner Tel: (416) 865-3423 Fax: (416) 863-1515 Email: askinner@airdberlis.com
Matthew Helfand Tel: (416) 865-4624 Fax: (416) 863-1515 Email: mhelfand@airdberlis.com
- County of Brant County of Brant Legal Services 26 Park Avenue, P.O. Box 160 Burford, Ontario N0E 1A0 Jyoti Zuidema Tel: (519) 449-2451 (Main Reception) Email: jyoti.zuidema@brant.ca
Rochelle Welchman Tel: (519) 449-2451 (Main Reception) Email: Rochelle.welchman@brant.ca
- Lafarge Canada Inc. Templeman LLP 205 Dundas Street East Suite 200 Box 234 Belleville ON, K8N 5A2 D. Wayne Fairbrother Tel: (613) 966-2620 ext. 2122 Email: wfairbrother@tmlegal.ca
Jennifer Savini Tel: (613) 966-2620 ext. 2133 Email: jsavini@tmlegal.ca
- David & Leah Clement 310 King Edward Street, Paris Tel: (519) 759-6220 Email: dclement@waterousholden.com
Participants:
Nancy Dolson 503 Cleaver Road, Paris Tel: (519) 770-6144 Email: nmdolson@silomail.com
John McDonald 279 King Edward St, Paris Tel: (519) 778-2215 Email: jackiemcdonald2016@outlook.com
Attachment 3
Issues List
NOTE: The identification of an issue on the Issues List does not constitute an acknowledgement by the OLT or any Party that such issue, or the manner in which the issue is expressed, is either appropriate or relevant to the determination of the OLT at the hearing. The extent to which these issues are appropriate or relevant to the determination of the OLT at the hearing will be a matter of evidence and argument at the hearing. The identification of an issue on this list by a Party indicates that Party's intent to lead evidence or argue that the issue is relevant to the proceeding, for the purpose of fairly identifying to the other Parties the case they need to meet and shall not be construed as the OLT having jurisdiction over such matters in each circumstance. Accordingly, no Party shall advance an issue not identified on the Issues List without leave of the OLT.
A. County of Brant
Excess Lands Issue:
- Should the Province confirm through the County's Municipal Comprehensive Review that the Sifton lands are Excess, as per Sections 2.2.1.6 and 5.2.8 of A Place to Grow, will that mean that the Sifton appeals should be dismissed given that this designation will remain until the year 2051 and as such, the proposed development is premature?
Planning Issues:
Provincial Policy Statement (PPS) 2020:
- Are the applications consistent with the PPS 2020 as set out below, and in particular:
i. How healthy, liveable and safe communities are sustained.
ii. Settlement Area:
a. 1.1.3.1 Settlement areas shall be the focus of growth and development.
b. 1.1.3.2 Land use patterns within settlement areas shall be based on densities and a mix of land uses.
c. 1.1.3.6 New development in designated growth areas should occur adjacent to existing built-up area and should have a compact form, mix of uses and densities.
d. 1.2.6.1 Major facilities (aggregate resource operations) and sensitive land uses shall be planned and developed to avoid, or if avoidance is not possible, minimize and mitigate and potential adverse effects from odour, noise and other contaminants, minimize risk to public health and safety.
e. 1.2.6.2 Protect long-term viability of aggregate resource areas by only permitting adjacent sensitive lands uses as demonstrated in accordance with provincial guidelines, standards and procedures.
f. 1.4.1 b) Provide at least a three-year supply of residential units where servicing capacity is sufficient.
g. 1.4.3(c) Development of new housing in locations where appropriate levels of infrastructure and public service facilities are or will be available to support current and projected needs.
h. 1.5.1 b) Healthy, active communities should be promoted by planning and providing for a full range and equitable distribution of publicly-accessible built and natural settings for recreation, including facilities, parklands, public spaces, open space areas, trails and linkages, and, where practical, water-based resources.
i. 1.6 Infrastructure and Public Service Facilities:
j. 1.6.1 Infrastructure and public service facilities
k. 1.6.2 Green infrastructure to complement infrastructure.
l. 1.6.3 New infrastructure and public service facilities
m. 1.6.6 Development and efficient use of municipal infrastructure and services,
n. 1.6.6.1 Planning for sewage and water services
o. 1.6.7 Transportation systems that support current and future use of transit and active transportation.
p. 1.7 Long-term Economic Prosperity:
q. 1.7.1 b) Encouraging residential uses to respond to dynamic market-based needs and provide necessary housing supply and range of housing options for a diverse workforce.
r. 1.7.1 e) Encouraging a sense of place, by promoting well-designed built form and cultural planning, and by conserving features that help define character.
s. 1.8.1 Planning authorities shall support energy conservation and efficiency, improved air quality, reduced greenhouse gas emissions, and preparing for the impacts of a changing climate through land use and development patterns.
t. 2.1 Natural Heritage with reference to policies 2.1.1 and 2.1.2:
Ensuring long term protection of Natural features and areas as well as the diversity and connectivity of natural features and the long-term ecological functions and biodiversity of natural heritage systems should be maintained, restored or improved.
u. 2.1.5 Demonstrating that there will be no negative impacts on significant wildlife habitat and the ecological functions of significant wildlife habitat unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions.
v. 2.6.3 Development and site alteration shall not be permitted on lands containing archaeological resources or areas of archaeological potential unless significant archaeological resources have been conserved.
A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020):
- Do the applications conform with or conflict with the policies of the Growth Plan for the Greater Golden Horseshoe 2020 (the "Growth Plan") as set out below, and in particular:
a. 2.2.1 Managing Growth- section 2.2.1.2
i. In Settlement Area with delineated built boundary, existing and planned municipal water and wastewater and can achieve complete communities
ii. Within settlement areas, growth is focussed in delineated built-up areas.
b. 2.2.6 Housing:
i. 2.2.6.4 Maintain land with servicing capacity sufficient to provide at least a three-year supply of residential units.
c. 2.2.7 Designated Greenfield Areas- sections 2.2.7.1 a,b,c, 2.2.7.2 b
d. 3.2.1 Integrated Planning- specifically section 1, 2, a,b,c,d
e. 3.2.2 Transportation General- section 3.2.3.3
f. 3.2.3 Moving People specifically- section 3.2.3.4 a,b,
g. 3.2.6 Water and Wastewater Systems - section 3.2.6.2
h. 3.2.7 Stormwater Management- section 3.2.7.2 a,b,c,d
i. Natural Heritage System- sections 4.2.2.6
j. 4.2.7 Cultural Heritage Resources sections 4.2.7.1,2
County of Brant Official Plan (2012):
- Do the applications conform to the County of Brant Official Plan 2012, and in particular:
a. 2.2.3.1 Urban Settlement Areas
b. 2.2.3.1.1 (c-k) Primary Urban Settlement Areas
c. 2.2.5.1 e) Lands Outside Built Boundary
d. 2.3.2.3 Natural Heritage, Potential Resource and Hazard Management Polices similar to PPS 2020 policies 2.16 to 2.18
e. 2.3.2.1 (b,f,h,i ) Identification and Delineation of Natural Heritage Features and Areas
f. 2.3.2.2 (a,b,e,f,g,h,i) Development and site alteration
g. 2.4 Housing Policies:
h. 2.4.2 (a-h) housing supply
i. 2.4.3 Affordable Housing (a-k)
j. 2.7 General Development Policies 2.7 a.)
k. 2.7.4 Public Parks and Open Space, 2.7.4.2, 2.7.4.3 a,e,g,
l. 2.7.5 Community and Urban Design 2.7.5.1 (a-d), 2.7.5.2
m. 2.7.6.2 Archaeological Sites
n. 3.4 Urban Residential- 3.4.2 (a-d)
o. 3.4.4 Low Density Urban Residential
p. 3.4.5 Medium Density Residential
q. 5.2 Servicing Systems- 5.2.1
r. 5.2.2 Allocation and Phasing of Servicing
s. 5.2.4 Stormwater Management (a-q)
t. 5.3 Transportation Systems- 5.3.4,
u. 6.6 Plans of Subdivision/Condominium
6.11 Public Land Acquisition – a. xii.
Planning Act - Section 2:
- Has regard been had to matters of provincial interest and in particular:
a. Subsections 2 a), c), d), e), f), h), j), l), m), n), o), p), q), r), s)?
Technical Issues:
Do the applications satisfy the municipal technical requirements as identified in Issues 7 to 16 inclusive, as outlined below, such that there is confidence that the proposal represents development which is in the public interest and represents good and proper planning?
Has the applicant undertaken a Land Use Compatibility Study to mitigate any impacts of the two licenced Lafarge Pits and their relationship with proposed sensitive land uses and people who may live within the proposed plan of subdivision?
The proposed development is within close proximity of the Lafarge West Paris Pits. A requirement under sections 3.13.3 i, j and k of the County's Official Plan is an Impact Assessment for development within 300 metres of an aggregate operation. Has Sifton undertaken a noise, dust and vibration study to assess the impacts arising from this established aggregate operation, and if so, what are the required mitigation measures to be imposed? Are those mitigation measures appropriate and feasible?
Traffic and Transportation:
How does the Transportation Impact Study provided take into consideration the County of Brant's Transportation Master Plan (2016) and Rest Acres Road Class Environmental Assessment conclusions and recommendations?
How will the development fit with existing and proposed road patterns and those contemplated through municipal master transportation plans?
Road and Public Safety:
Has the proposed road network and configuration been designed to ensure public safety?
How does the proposed development comply with the County's Brant Safe Street Program?
The intersection of Cleaver Road and King Edward Street and the function of this is of major concern for the County. How has the proposed development addressed the comments raised by the municipality for this intersection?
Does Street A meet the County entrance guidelines?
How can "Window Street B" be rationalized particularly when the County's Operations Department does not support it given that such an approach is an inappropriate duplication of municipal infrastructure?
What upgrades to Cleaver Road will be required to accommodate this development and is the Developer prepared to fully cover all of the costs associated with those upgrades?
Water and Wastewater Servicing:
Are the following appropriately addressed in the development plan and can they addressed through draft conditions:
How does the proposed stormwater strategy meet the County of Brant's Development and Engineering Standards, Section 8 Stormwater Management and Drainage criteria, in particular major storm event quality and quantity controls?
Will the proposed development be serviced by municipal services?
If not, what is the timeline for adequate municipal services to be available?
What are the costs associated with those services and is the developer prepared to cover those costs?
Have updated reports been provided to address this issue?
Does this development meet the MECP's requirement to consider both actual and anticipated usage and system capacity? If so, what are the results of this analysis?
Has this proposed development taken into account the capacity limits of the Paris Water and Wastewater system?
Has this proposed development considered the timeframes for when capacity will be available?
Has this proposed development addressed the use of low impact development designs and if so, how do those designs address the effects of major storms and climate change impacts?
Has the proposed development taken into account unexpected consequences for adjacent residential development should significant storm events occur?
Natural Heritage Resource Protection:
Does the development ensure that natural heritage features and areas and the connectivity associated with those features and areas have been protected for the long term?
Has it been demonstrated that development and site alteration will not have a negative impact on natural features or the ecological functions of significant wildlife habitat?
What measures will be implemented to ensure such long-term protection and that the proposed development and site alteration will not have a negative impact on significant wildlife habitat?
What specific measures are being included to address and ameliorate the negative effects of climate change?
Have updated reports been provided to address this technical issue and if an updated Environmental Impact Study has been prepared, what are the recommendations for mitigation and protection of natural heritage features and functions and how will they be implemented through the planning process, such as through areas to be zoned and designated for protection and draft plan conditions?
Subdivision Design and Process:
Have the applicable criteria under section 51(24) of the Planning Act been properly addressed?
What is the proposed grading and is it appropriate and satisfactory for this development and has that proposed grading accounted for compatibility with surrounding land uses and potential impacts to abutting properties?
The Accessibility for Ontarians with Disabilities Act requires goods and services, including accommodation, to ensure it meets with the legislative and regulatory requirements. Does the development meet those requirements to ensure it is barrier-free and accessible?
Does the development include aspects such as but not limited to, street calming measures, accessibility, connectivity to surrounding amenities, in connection with appropriate subdivision design?
Given that the appeal was launched prior to the County having had the opportunity to seek public input, has there been adequate public consultation and engagement, particularly due to the virtual nature of the proceedings?
What is the intended phasing of this development to ensure the orderly development of this subdivision?
B. Lafarge Canada Inc.
Is the Appellant/Applicant's proposed residential subdivision and requested rezoning consistent with Section 2.5.2.4 of the Provincial Policy Statement, 2020 (PPS)?
Will the proposed residential subdivision preclude or hinder the continued use of two aggregate pits licensed under the Aggregate Resources Act (ARA) in the immediate vicinity of the proposed residential subdivision, namely: Lafarge's West Paris Pit (ARA Licence No. 5533) and Lafarge's West Paris Pit Extension (ARA Licence No.625336)"? The aforesaid two licensed pits are hereinafter collectively referred to as "the Lafarge West Paris Pits".
Does the design and layout of the proposed residential subdivision provide for appropriate separation, buffering and/or screening in relation to the Lafarge West Paris Pits so as to ensure the continued use of Lafarge West Paris Pits?
Is the proposed residential development consistent with Section 1.2.6.1 of the PPS which requires sensitive land uses such as residential development to avoid, or if avoidance is not possible, minimize and mitigate any potential adverse effects with regard to major facilities such as the Lafarge West Paris Pits and to ensure the long-term operational and economic viability of the Lafarge West Paris Pits?
Is the proposed residential development consistent with Section 1.2.6.2 of the PPS which requires planning authorities to protect the long-term viability of uses such as the Lafarge West Paris Pits that are vulnerable to encroachment by ensuring that the planning and development of the proposed adjacent residential subdivision is only permitted if it can be demonstrated that it has satisfied the requirements set out in Section 1.2.6.2 of the PPS?
Does the proposed residential subdivision development conform with Sub-sections Sections 1.11.2.11.2 (c), (d) and (e) of the County's Official Plan?
Have appropriate and adequate studies/reports been undertaken (including subdivision layout and design) to confirm that Lafarge's West Paris Pits will be adequately protected from potentially incompatible uses that would prevent the continued use and operation of the Lafarge West Paris Pits?
The proposed residential development is within 300 m of two known aggregate pit operations namely, the Lafarge West Paris Pits. Does the proposed residential development conform with Sub-sections 3.13.3 (b), (g), (i), (j) and (k) of the County's Official Plan? Has the Appellant/Applicant provided pertinent and satisfactory information on the potential impact of the proposed residential development on the continued use of the Lafarge West Paris Pits?
C. David and Leah Clement
- Has the Applicant demonstrated that the proposed storm water management system for the development will not cause adverse impacts to the property at 310 King Edward Street Paris?
Attachment 4
Order of Evidence
Sifton Properties Limited
David & Leah Clement
County of Brant
Lafarge Canada Inc.
Sifton Properties Limited (in reply, if necessary)
- The order of evidence may change as issues are narrowed, in order to ensure an efficient hearing.
Attachment to Sample Procedural Order
Meaning of terms used in the Procedural Order:
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person's background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness' opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert's duty.
A participant statement is a short written outline of the person's or group's background, experience and interest in the matter; a statement of the participant's position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness' evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:
direct examination by the party presenting the witness;
direct examination by any party of similar interest, in the manner determined by the Tribunal;
cross-examination by parties of opposite interest;
re-examination by the party presenting the witness; or
another order of examination mutually agreed among the parties or directed by the Tribunal.